50 U.S.C. § 3323 — Eligibility for incentive awards

Page 790 TITLE 50—WAR AND NATIONAL DEFENSE § 3322 Editorial Notes CODIFICATION Section was formerly classified to section 403–1c of this title prior to editorial reclassification and renum- bering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE For Determination by President that section take ef- fect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see sec- tion 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title. § 3322. Additional education and training re- quirements (a) Findings Congress makes the following findings: (1) Foreign language education is essential for the development of a highly-skilled work- force for the intelligence community. (2) Since September 11, 2001, the need for language proficiency levels to meet required national security functions has been raised, and the ability to comprehend and articulate technical and scientific information in foreign languages has become critical. (b) Linguistic requirements (1) The Director of National Intelligence shall— (A) identify the linguistic requirements for the Office of the Director of National Intel- ligence; (B) identify specific requirements for the range of linguistic skills necessary for the in- telligence community, including proficiency in scientific and technical vocabularies of crit- ical foreign languages; and (C) develop a comprehensive plan for the Of- fice to meet such requirements through the education, recruitment, and training of lin- guists. (2) In carrying out activities under paragraph (1), the Director shall take into account edu- cation grant programs of the Department of De- fense and the Department of Education that are in existence as of December 17, 2004. (c) Professional intelligence training The Director of National Intelligence shall re- quire the head of each element and component within the Office of the Director of National In- telligence who has responsibility for profes- sional intelligence training to periodically re- view and revise the curriculum for the profes- sional intelligence training of the senior and in- termediate level personnel of such element or component in order to— (1) strengthen the focus of such curriculum on the integration of intelligence collection and analysis throughout the Office; and (2) prepare such personnel for duty with other departments, agencies, and elements of the intelligence community. (Pub. L. 108–458, title I, § 1041, Dec. 17, 2004, 118 Stat. 3678; Pub. L. 112–87, title III, § 311(a), Jan. 3, 2012, 125 Stat. 1886.) Editorial Notes CODIFICATION Section was formerly classified to section 403–1b of this title prior to editorial reclassification and renum- bering as this section. AMENDMENTS 2012—Subsec. (b)(3), (4). Pub. L. 112–87 struck out pars. (3) and (4) which read as follows: ‘‘(3) Not later than one year after December 17, 2004, and annually thereafter, the Director shall submit to Congress a report on the requirements identified under paragraph (1), including the success of the Office of the Director of National Intelligence in meeting such re- quirements. Each report shall notify Congress of any additional resources determined by the Director to be required to meet such requirements. ‘‘(4) Each report under paragraph (3) shall be in un- classified form, but may include a classified annex.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE For Determination by President that section take ef- fect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see sec- tion 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title. PILOT PROJECT ON CIVILIAN LINGUIST RESERVE CORPS Pub. L. 109–364, div. A, title IX, § 944(a)(1), Oct. 17, 2006, 120 Stat. 2366, transferred administration of pilot project on establishment of Civilian Linguist Reserve Corps required by section 613 of the Intelligence Au- thorization Act for Fiscal Year 2005 [Pub. L. 108–487, formerly set out as a note below] from Director of Na- tional Intelligence to Secretary of Defense. Pub. L. 109–163, div. A, title XI, § 1124, Jan. 6, 2006, 119 Stat. 3454, authorized Secretary of Defense to support implementation of Civilian Linguist Reserve Corps pilot project authorized by section 613 of the Intel- ligence Authorization Act for Fiscal Year 2005 [Pub. L. 108–487, formerly set out as a note below], subject to availability of appropriated funds. Pub. L. 108–487, title VI, § 613, Dec. 23, 2004, 118 Stat. 3959, as amended by Pub. L. 109–364, div. A, title IX, § 944(a)(2), (b)–(e), Oct. 17, 2006, 120 Stat. 2366, provided that Secretary of Defense, in coordination with Direc- tor of National Intelligence, shall conduct five-year pilot project to assess feasibility and advisability of es- tablishing Civilian Linguist Reserve Corps comprised of United States citizens with advanced levels of pro- ficiency in foreign languages who would be available upon the call of the Secretary to perform such service or duties with respect to such foreign languages in the intelligence community as the Secretary may specify and provided that the Secretary shall submit final re- port on project to Congress six months after comple- tion of project. § 3323. Eligibility for incentive awards (a) Scope of authority with respect to Federal employees and members of Armed Forces The Director of Central Intelligence may exer- cise the authority granted in section 4503 of title 5, with respect to Federal employees and mem- bers of the Armed Forces detailed or assigned to the Central Intelligence Agency or to the Intel- ligence Community Staff, in the same manner as such authority may be exercised with respect to the personnel of the Central Intelligence Agency and the Intelligence Community Staff. Page 791 TITLE 50—WAR AND NATIONAL DEFENSE § 3325 (b) Time for exercise of authority The authority granted by subsection (a) of this section may be exercised with respect to Federal employees or members of the Armed Forces de- tailed or assigned to the Central Intelligence Agency or to the Intelligence Community Staff on or after a date five years before December 9, 1983. (c) Exercise of authority with respect to mem- bers of Armed Forces assigned to foreign in- telligence duties During fiscal year 1987, the Director of Central Intelligence may exercise the authority granted in section 4503(2) of title 5 with respect to mem- bers of the Armed Forces who are assigned to foreign intelligence duties at the time of the conduct which gives rise to the exercise of such authority. (d) Payment and acceptance of award An award made by the Director of Central In- telligence to an employee or member of the Armed Forces under the authority of section 4503 of title 5 or this section may be paid and ac- cepted notwithstanding— (1) section 5536 of title 5; and (2) the death, separation, or retirement of the employee or the member of the Armed Forces whose conduct gave rise to the award, or the assignment of such member to duties other than foreign intelligence duties. (Pub. L. 98–215, title IV, § 402, Dec. 9, 1983, 97 Stat. 1477; Pub. L. 99–569, title V, § 503, Oct. 27, 1986, 100 Stat. 3198.) Editorial Notes CODIFICATION Section was formerly classified to section 403e–1 of this title prior to editorial reclassification and renum- bering as this section. AMENDMENTS 1986—Subsecs. (c), (d). Pub. L. 99–569 added subsecs. (c) and (d). Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title. § 3324. Prohibition on using journalists as agents or assets (a) Policy It is the policy of the United States that an element of the Intelligence Community may not use as an agent or asset for the purposes of col- lecting intelligence any individual who— (1) is authorized by contract or by the issuance of press credentials to represent him- self or herself, either in the United States or abroad, as a correspondent of a United States news media organization; or (2) is officially recognized by a foreign gov- ernment as a representative of a United States media organization. (b) Waiver Pursuant to such procedures as the President may prescribe, the President or the Director of Central Intelligence may waive subsection (a) in the case of an individual if the President or the Director, as the case may be, makes a written determination that the waiver is necessary to address the overriding national security interest of the United States. The Permanent Select Committee on Intelligence of the House of Rep- resentatives and the Select Committee on Intel- ligence of the Senate shall be notified of any waiver under this subsection. (c) Voluntary cooperation Subsection (a) shall not be construed to pro- hibit the voluntary cooperation of any person who is aware that the cooperation is being pro- vided to an element of the United States Intel- ligence Community. (Pub. L. 104–293, title III, § 309, Oct. 11, 1996, 110 Stat. 3467.) Editorial Notes CODIFICATION Section was formerly classified to section 403–7 of this title prior to editorial reclassification and renum- bering as this section. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title. § 3325. Reaffirmation of longstanding prohibition against drug trafficking by employees of the intelligence community (a) Finding Congress finds that longstanding statutes, reg- ulations, and policies of the United States pro- hibit employees, agents, and assets of the ele- ments of the intelligence community, and of every other Federal department and agency, from engaging in the illegal manufacture, pur- chase, sale, transport, and distribution of drugs. (b) Obligation of employees of intelligence com- munity Any employee of the intelligence community having knowledge of a fact or circumstance that reasonably indicates that an employee, agent, or asset of an element of the intelligence commu- nity is involved in any activity that violates a statute, regulation, or policy described in sub- section (a) shall report such knowledge to an ap- propriate official.